International Humanitarian Law and the Protection of Victims of War

TABLE OF CONTENT

Title Page i
Certification ii
Dedication iii
Acknowledgement iv
Table of Contents v
Table of Cases vii
Table of Statues viii
List of Abbreviation xi
Abstract xii
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of the study 1
1.2 Statement of the Problem 3
1.3 Objective of the Study 3
1.4 Research Questions 4
1.5 Research Methodology 4
1.6 Significance of the Research 4
1.7 Scope of the Research 5
1.8 literature Review 5
CHAPTER TWO: INTERNATIONAL HUMANITARIAN LAW IN CONTEXT
2.1 The Evolution of International Humanitarian Law 11
2.2 Sources of International Humanitarian Law 20
2.3 Principles of International Humanitarian Law 23
2.4 Scope and Applicability of International Humanitarian Law 27

CHAPTER THREE: LEGAL PROTECTION OF VICTIMS OF WAR
3.1 Combatants 31
3.2 Prisoner of War 35
3.3 Civilians 38
3.4 Refugees and Displaced Person. 43
3.5 The Wounded, The sick and the Shipwrecked 48
3.6 Liability for Infractions of International Humanitarian Law 49

CHAPTER FOUR: IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

4.1 Respect by the Parties to a Conflict 55
4.2 Responsibility of the State 58
4.3 The Role of United Nations Organisations 61
4.4 The African Perspective 66
CHAPTER FIVE: SUMMARY, RECOMMENDATION AND CONCLUSION
5.1 Summary of Findings 82
5.2 Recommendations 84
5.3 Conclusion 86
Bibliography

TABLE OF CASES

Delalic et al (celebici)Trail Judgement ICRC 7
Leo Handel et al Andrija Artukwl and Hamdi v Rumsfeld, (1985) US 601 f. Supp. 1421 Judgement of 31 January 7.
The Prosecutor v Jean Paul Akayesu (2001), Case No ICTR 96-41 Indictment 1996 42.
The Prosecutor v Halilovic (2005) Case No IT-01-48 T, ICTY 58.
The Prosecutor v Krnojelac Appeal Judgement 58.

LIST OF STATUTES
Convention on Civil and political Rights 28.
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Force in the Field. Geneva,12 August 1949.
Article 1 29.
Article 22 54.
Article 28 54.
Article 35 56.
Article 47 29.
Article 49 30.
Article 50 30.
Article 50 30.
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Ship wrecked Members of Armed Forces at Sea. Geneva, 12 August 1949
Article 22 54.
Article 25 54.
Article 30 54.
Article 35 54.
Article 45 30.
Article 48 29.
Article 50 30.
Article 51 30.
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949
Article 4 35, 36.
Article 13 35.
Article 52 37.
Article 82 … 35.
Article 85 34.
Article 112 37.
Article 118 37, 38.
Article 127 29.
Article 129 30.
Article 130 30.
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva,
12 August 1949.
Article 144 29.
Article 146 30.
Article 147 30.

First Additional Protocol to the Geneva Convention 1977 28, 39.
Article 1 28.
Article 4 32, 33.
Article 8 53, 56.
Article 10 53.
Article 13 54.
Article 16 55.
Article 17 55.
Article 32 55.
Article 43 32.
Article 44 33, 34.
Article 48 21,34,39.
Article 49 33.
Article 51 21,39,40.
Article 52 21, 23.
Article 57 40.
Article 58 33.
Article 75 26.
Article 83 29
Article 85 30
Article 86 57,60.
Article 87 57.
Article 91 43.
The Geneva Conventions of 1929 and 1949 18,19,25,26, 57.
The Hague Conventions, 1899 and 1907 18, 25, 31, 32, 57.
Rome Statute Article 28 57, 58, 60.
Second Additional Protocol 1977 29, 39.
Article 1 29.
Article 4 48.
Article 13 41,49.
Article 14 … 49.
Article 17 49.
Article 19 29.

LIST OF ABBREVIATIONS
AP 1 – Additional Protocol 1
AP11 – Additional Protocol 11
AP111 – Additional Protocol 111
CUIL – Customary International Law
GC1 – First Geneva Convention
GC11 – Second Geneva Convention
GC111 – Third Geneva Convention
GC1V – Fourth Geneva Convention
ICC – International Criminal Court
ICJ – International Court of Justice
ICRC – International Committee of Red Cross
ICTY – international criminal tribunal for the former Yugoslavia
IHL – International Humanitarian Law
IRC – International Red Cross
IRCA – International Red Cross Agency
NIAC – Non-International Armed Conflicts
POW – Prisoners of War
UN – United Nations
UNHCR – United Nations High Commissioner for Refugees
WW1 – World War 1
WW11 – World War 2

ABSTRACT

The evolving nature of IHL has seen the rules and principle blossom mover time. It is not until the second half of the nineteenth century that nations agreed on International rules to avoid needless suffering in war. International Humanitarian Law (IHL), also known as the Law of Armed Conflict or the Law of War, is the body of rules that, in wartime, protects persons who are not or are no longer participating in the hostilities; and seeks to limit the methods and means of warfare while preventing human suffering in times of armed conflict. The principle instruments of IHL are the four universally ratified Geneva Conventions of 1949 as well as the three Additional Protocols of 1977 and 2005, as they stipulate that civilians and wounded or captured combatants must be treated in a humane manner. With the Raging forms of International conflicts around the World, which are eclipsed by extreme violence to Men, Women and Children, ensuring accountability for violations of International Humanitarian Law for individual perpetrators and for parties to the conflict, is one of the challenges to achieving more effective protection of victims in armed conflict. Many conflicts to a large degree have the absence of accountability and, worse still, the lack in many instances of any expectation thereof, which in turn allows violations to thrive. The major objective of this research shall be to examine the purpose, substance and scope of International Humanitarian Law and the potential of International Humanitarian Law as a tool to achieve and maintain peace and protect rights of persons. The objectives include to properly define the practice of International Humanitarian Law, to identify who the victims of war are and examine the privileges, obligation and protection guaranteed by International Humanitarian Law, finally to analyze how International Humanitarian Law provisions are implemented in the protection of victims of war. The methodology chosen is more of a doctrinal approach which is qualitative in order to reach an understanding of the current position of International Humanitarian law and most especially the victims of war. The primary source of materials for this research works are the Treaty Laws, textbooks, law reports and journals on international humanitarian law.